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· 4/16/1991

Dewing v. J.B. Driscoll Insurance Agency

Citations

  • 569 N.E.2d 848
  • 30 Mass. App. Ct. 467
  • 1991 Mass. App. LEXIS 236

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concern for reducing congestion in court dockets must not come at the expense of justice
  • error to dismiss where no action taken for over three years but no showing of prejudice or willful delay
  • abuse of discretion to dismiss case where plaintiff waited over three years for trial to be scheduled without taking further action
  • judge abused discretion in dismissing for lack of prosecution where plaintiff completed discovery, manifested intention to go to trial, and was merely awaiting trial date
  • trial court erred by dismissing case with prejudice in the absence of “willful delay or default by the plaintiff or serious prejudice to the defendant”
  • party filed written opposition to motion to dismiss

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Perretta, Laurence

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.